EDITED BY:
Professor Michael H. Hoeflich, PhD, Editor-in-Chief
Carrie E. Parker, Legal Editor
Luzianne Jones, Design & Publishing Editor
PUBLISHED BY: Joseph, Hollander & Craft LLC
PUBLICATION DATE: May 29, 2026
READ & DOWNLOAD FULL-TEXT PDF OF LEMR Vol. 7, No. 5
FEATURE ARTICLE: ABA Formal Opinion 523
On May 20, 2026, the American Bar Association Committee on Ethics and Professional Responsibility issued Formal Opinion 523. It discusses the complexities of Model Rule 1.16(b)(5) (KRPC 1.6(b)(3))—the provision of the Rules that permits lawyers to withdraw from a representation when “the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer’s services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled.”
As the Opinion notes, the provision is invoked most frequently when a client fails to meet financial obligations, but the rule but is not limited to instances when a client fails to pay as promised:
. . .
AUTHORITY: ABA Formal Opinion 482
For anyone who hasn’t noticed, the weather in the United Sates in the past few months has been extreme. Weather forecasters have predicted that the next few months will be filled with hurricanes, tornados, severe thunderstorms, wildfires, and flooding of Biblical proportions. While many people will convince themselves that they don’t need to take precautions and prepare, lawyers must. This is the perfect time to remind lawyers that the ABA issued Formal Opinion 482 in 2018, setting forth various obligations lawyers have before, during, and after natural disasters.
This publication provided a guide to Opinion 482 in LEMR in August 2023, so we shall not repeat those issues we discussed then. But the provisions on lawyers’ obligations to be prepared for natural disasters is worth highlighting again today. The Opinion begins by reminding lawyers that the ABA has a Standing Committee on Disaster Response and Preparedness and a website filled with resources:
Much information is available to lawyers about disaster preparedness. The American Bar Association has a committee devoted solely to the topic and provides helpful resources on its website. These resources include practical advice on (i) obtaining insurance, (ii) types and methods of information retention, and (iii) steps to take immediately after a disaster to assess damage and rebuild.
The website is an incredibly valuable source for information on the ethical obligations of lawyers to protect client interests in disaster situations.
Among the most important aspects of preparing for a disaster is planning to protect client files. In 2012, many saw the frightening sight of law firm files floating down New York streets after Hurricane Sandy flooded basement and subbasement file storage areas. Opinion 482 specifically addresses this problem. First, it highlights the dangers of only having on-site file storage:
Some lawyers located in an area affected by a disaster may have their files destroyed. Lawyers who maintain only paper files or maintain electronic files solely on a local computer or local server are at higher risk of losing those records in a disaster. A lawyer’s responsibilities regarding these files vary depending on the nature of the stored documents and the status of the affected clients.
Under the lawyer’s duty to communicate, a lawyer must notify current clients of the loss of documents with intrinsic value, such as original executed wills and trusts, deeds, and negotiable instruments. Lawyers also must notify former clients of the loss of documents and other client property with intrinsic value. A lawyer’s obligation to former clients is based on the lawyer’s obligation to safeguard client property under Rule 1.15. Under the same Rule, lawyers must make reasonable efforts to reconstruct documents of intrinsic value for both current and former clients, or to obtain copies of the documents that come from an external source…
To prevent the loss of files and other important records, including client files and trust account records, lawyers should maintain an electronic copy of important documents in an off-site location that is updated regularly. Although not required, lawyers may maintain these files solely as electronic files, except in instances where law, court order, or agreement require maintenance of paper copies, and as long as the files are readily accessible and not subject to inadvertent modification or degradation. As discussed above, lawyers may also store files “in the cloud” if ethics obligations regarding confidentiality and control of and access to information are met.
[Emphasis added].
As we approach storm season, it is good to review our record keeping methods. Two versions are always better than one. Off-site locations are always necessary in addition to onsite locations. Disaster insurance may well be. They can make the difference between financial disaster for the lawyer or and reasonable recovery.
ETHICS & MALPRACTICE RESEARCH TIP: New Articles on Legal Malpractice & Ethics
1.) Angela A. Davis, “Undermining Discretion: The Selective Attacks on Progressive Prosecutors’” 47 Cardozo L. Rev. 579 (2026).
2.) Bruce A. Green & Jessica A. Roth, ”Subordinate Prosecutors’ Independence’” Symposium Issue: Prosecutorial Independence. 55 Stetson L. Rev. 237 (2025).
The dangers, ethical and systemic, in the increasing attacks on prosecutors demands attention by the Bar.
3.) Carol A. Needham, “Regulation of the Use of Generative Artificial Intelligence Tools in the Delivery of Legal Services: Verification and Accountability,” 77 Wash. U. J. L. & Pol’y 184 (2025).
Needham discusses one of the leading ethical and practical problems facing lawyers today.
A BLAST FROM THE PAST: Pumroy on the connection between government, and science and literature
In our country, mind sits enthroned in its mightiest power. Its achievements and triumphs have been brilliant. This is the result of civil liberty. Civil liberty is natural liberty, so far restrained by human laws and no farther, as is necessary and expedient for the general advantage of the people. The law which restrains a man from doing mischief to his fellow citizens, though it diminishes the natural, increases the civil liberty of mankind. Our government leaves the citizen entire master of his own conduct, except in those points in which the public good requires some direction or restraint.
— John N. Pumroy, The Annual Address delivered before the Diagnothian and Goethean Literary Societies of Marshall College, Mercersburg, Pa., on the connection between government, and science and literature (September 8, 1846).
READ & DOWNLOAD FULL-TEXT PDF OF LEMR Vol. 7, No. 5
About Joseph, Hollander & Craft LLC
Joseph, Hollander & Craft is a mid-size law firm representing criminal defense, civil defense, personal injury, and family law clients throughout Kansas and Missouri. From our offices in Kansas City, Lawrence, Overland Park, Topeka and Wichita, our team of 26 attorneys covers a lot of ground, both geographically and professionally.
We defend against life-changing criminal prosecutions. We protect children and property in divorce cases. We pursue relief for clients who have suffered catastrophic injuries or the death of a loved one due to the negligence of others. We fight allegations of professional misconduct against medical and legal practitioners, accountants, real estate agents, and others.
When your business, freedom, property, or career is at stake, you want the attorney standing beside you to be skilled, prepared, and relentless — Ready for Anything, come what may. At JHC, we pride ourselves on offering outstanding legal counsel and representation with the personal attention and professionalism our clients deserve. Learn more about our attorneys and their areas of practice, and locate a JHC office near you.
